"if my spouse survives me by 30 days"

looking4advice

In Wills what is the reason behind this 30 day period?

biko

Most simple Wills prepared for parents have a clause to deal with the "common disaster" situation. Each spouse's Will says, in effect, “All my property to my spouse, IF he/she survives me by at least 30 days. Otherwise, all to the children.” (There's nothing special about using "30 days," but the period should always be less than six months. If it is longer, the tax-free status of the property transfer to the surviving spouse could be lost.)

To analyze the result in a common disaster, focus on one parent at a time. Look at the wife; in a common disaster, the husband will not survive her by 30 days. So none of the wife's property would pass to him. It would pass to the alternate beneficiaries instead -usually, her children.

Now look at the husband's Will the same way. In a common disaster, the wife will not survive him by 30 days. If his Will, too, requires the spouse to survive for a certain time, then none of the husband's property would pass to her. Again, it would go to the alternates - the husband's children.

http://www.mtpalermo.com/sec-1.htm

dermot_sheehan

As above basically,

it means if both spouses die in the same incident an estate does not need to be probated twice

GerardKeating

gabhain7 wrote: »

As above basically,

it means if both spouses die in the same incident an estate does not need to be probated twice

Also to avoid paying any inheritance taxes twice, if applicable.

dats_right

GerardKeating wrote: »

Also to avoid paying any inheritance taxes twice, if applicable.

There is no inheritance tax between spouses. As another poster has said, the rationale for such clauses is to cover 'common disaster' situations

By way of example; say where a husband and wife who don't have any issue and have wills that purport to leave everything to the other spouse, are involved in a car accident where husband is killed instantly and wife dies later in hospital, without such a clause in the husbands will, as he died first, his wife would inherit his entire estate and it would then form part of the wife's estate upon her death and be distributed according to her will, perhaps to her parents, brothers and sisters, etc. which would mean the husband's family get nothing and wife's family essentially gets both estates and is probably not what husband would have envisaged or wanted.